THE PARTIES
l.
1.
The Applicants, Mrs Mariam Kouma and her son Ousmane Diabat6, are citizens
of Mali
2- The Respondent State is the Republic of Mali which became a party to the
African Charter on Human and Peoples' Rights (hereinafter referred to as ,'the
Charter") on 21 October, 1986, and to the Protocol to the African Charter on
Human and Peoples' Rights on the Establishment of an African Court on Human
and Peoples' Rights (hereinafter referred to as "the Protocol") on 25 January,
2004. The Respondent state also,
on 19 January, 2010, deposited
the
declaration prescribed under Article 34 (6) of the Protocol recognizing the Court's
jurisdiction to receive cases directly from individuals and Non-Governmental
Organizations. lt is also a Party to the Protocol to the African Charter on Human
and Peoples' Rights on the Rights of Women in Africa (hereinafter referred to as
the "Maputo Protocol") since 25 November, 2005, and to the African Charter on
the Rights and Welfare of the Child (hereinafter referred to as "the Charter on the
Rights and welfare of the child ") since 29 November, 19gg.
II.
SUBJECT OF THE APPLICATION
3.
A.
The Application was filed by APDF and IHRDA on behalf of Mariam Kouma,
a
merchant in Bamako, and her son Ousmane Diabat6, and invokes the violation
of
the Applicants' right to a fair trial by the Respondent state.
THE FACTS
4.
ln January 2014, Mariam Kouma sold a monkey to Boussourou COULIBALy for
the sum of nine thousand (9,000) CFA Francs. The next day, Boussourou came
to ask Mariam to take back her monkey and return his money, stating that his
mother did not want the domestication of the monkey. Faced with Ma6am's
2